Law & Technology

Distracted Driving

The cars of the future are headed to your courtroom

by The National Center for State Courts

Fall 2019 | Volume 103 Number 3

Distracted and intoxicated driving are costly problems. And while emerging technologies aim to help reduce traffic accidents caused by human error, technology may also increase the number of accidents. For Continue Reading »

Finding humanity in the great power competition for artificial intelligence

by J. Zhanna Malekos Smith

Fall 2019 | Volume 103 Number 3

I recently spoke on artificial intelligence, law, and ethics as a panelist at the International Conference on Unmanned Aircraft Systems in Atlanta. At the end of our discussion, the moderator Continue Reading »

The Public Domain: A Grand Reopening

by Jennifer Jenkins

Spring 2019 | Volume 103 Number 1

In 2019, for the first time in 20 years, a trove of creative works published in 1923 entered the U.S. public domain. Why the hiatus? These works were set to Continue Reading »

Protecting Electronic Privacy

by Erwin Chemerinsky

Spring 2019 | Volume 103 Number 1

Carpenter v. United States, decided by the Supreme Court in June 2018, is one of the most important decisions applying the Fourth Amendment to the technology of the 21st century.[1] Continue Reading »

10 Things Judges Should Know About AI

by Jeff Ward

Spring 2019 | Volume 103 Number 1

With recent and dramatic advances in the capacities of machine learning, we are now beginning to see artificial intelligence (AI) tools come into their own. This matters for our judiciary, not Continue Reading »

Cross Border Security

Overseas Obligations: An Update on Cross-Border Discovery

by Sandra Jeskie and Michael Baylson

Spring 2019 | Volume 103 Number 1

An article published in the Winter 2016 edition of Judicature provided an overview of case law and approaches for handling cross-border discovery in litigation. Since then, there have been some Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

A crowd of people

Crowdsourcing and Data Analytics: The New Settlement Tools

by Bernard Chao, Christopher Robertson and David Yokum

Fall/Winter 2018 | Volume 102 Number 3

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively Continue Reading »

Data Validation - Summer 2018

Data Validation: A crucial step toward controlling and understanding your data

by George Socha and Saaya Shah

Fall/Winter 2018 | Volume 102 Number 3

We all know the volume of data in litigation — particularly email data — continues to grow rapidly, with no sign of abating. That growth is forcing litigants to come Continue Reading »

cellphones in courts, summer 2018

Cell Phones in Court: Court cell phone policies attempt to balance risks with litigants’ needs

by William Raftery and Deborah W. Smith

Fall/Winter 2018 | Volume 102 Number 3

A resolution adopted by the Conference of Chief Justices and Conference of State Court Administrators in August 2018 (Resolution 7) encourages courts to carefully review and assess their policies for Continue Reading »